The case arose after two Bangladeshi nationals, rescued at sea by the Italian authorities, were transferred to a detention centre in Albania under the Italy–Albania Protocol, where they applied for international protection. Their claims were examined under Italy’s accelerated border procedure and rejected on the grounds that Bangladesh had been designated a ‘safe country of origin’ under an October 2024 legislative act. This act did not specify the sources used to support the designation, leading the Rome District Court to question whether applicants and judges could effectively challenge or review the safety presumption.

In its judgment, the Court of Justice found that EU law does not prevent a Member State from making such a designation through legislation, provided that the act can be reviewed for compliance with the substantive criteria set out in Annex I of Directive 2013/32/EU. It stressed that the sources underpinning the designation must be accessible to applicants and the competent court or tribunal, allowing for meaningful review. National courts may also consider their own reliable information, provided both parties can comment on it.

The Court further clarified that, under the current directive, a Member State may not designate a country as ‘safe’ if it fails to meet the required conditions for certain categories of persons. This will change when a new EU regulation, allowing for exceptions for specific categories, takes effect on 12 June 2026, unless the EU legislature brings that date forward.

For further information, please read the press release from the Court of Justice of the European Union. For additional details, please review the full judgment (in French).